Thompson v. Circuit Court (Majority)
Annotate this CaseIn 2005, Husband and Wife were granted a divorce pursuant to a decree of divorce. The decree incorporated a property settlement between the parties specifying that Husband would pay Wife spousal support until either party's death or Wife's remarriage. In 2010, Wife filed a motion for citation, asserting that Husband had failed to pay her spousal support as required by the divorce decree. Husband counterclaimed, alleging that his signature on the property-settlement agreement was made under compulsion and that he had not voluntarily consented to the agreement. The circuit court dismissed Husband's counterclaim and held Husband in contempt for the nonpayment of alimony. Husband then filed this petition for writ of prohibition and/or certiorari, contending that the circuit court erred in its conclusions and judgment. The Supreme Court denied the petition, holding (1) a writ of prohibition does not lie in this case because the writ cannot be revoked to correct an order already entered; and (2) the writ of certiorari does not lie in this case because Husband had an adequate remedy by way of an appeal of the circuit court's orders.
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